Nursery stock.

Existing law specifies the duties of the Secretary of Food and Agriculture and county agricultural commissioners with respect to the sale and control of nursery stock, as defined. Existing law requires a person to hold a valid license in order to sell nursery stock and makes a violation of these provisions a crime. Under existing law, the secretary is prohibited from refunding more than 12 of the minimum license fee to any person who applies for a license to sell nursery stock and who later decides not to do so. This bill would prohibit the secretary from returning more than 25% of the minimum license fee. Existing law requires the secretary, by regulation, to provide for periodic inspections of nurseries and authorizes the secretary to prescribe standards of cleanliness for nursery stock. Existing law sets forth suggestions for the standards of cleanliness. This bill would make specified standards of cleanliness, including, but not limited to, being free of pests and isolation of infested or infected plants, mandatory. The bill would also authorize the secretary to, by regulation, develop and implement an audit-based certification system for certification of nursery stock shipments. Under existing law, it is unlawful to move nursery stock without a valid nursery certificate unless the person has forwarded to the county agricultural commissioner, at or prior to the time of shipment, a manifest stating prescribed information. Under existing law, it is also unlawful to ship, or cause to be shipped, nursery stock from one county to another without a nursery stock certificate or shipping permit. Existing law authorizes the county agricultural commissioner to revoke or suspend the right to use a nursery stock certificate or shipping permit if the person fails to comply with the statutory provisions applicable to nursery stock. This bill would require the person to forward the manifest to the county agricultural commissioner prior to shipment. The bill would also make technical, nonsubstantive changes to the nursery stock provisions. By expanding the definition of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.